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2025 DAILYLAW 18412 (CAL)

HINDU SACHETAN SAMAJ AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/7785/2025 · 2025-04-04

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 227 Court No. 35 G.S.Das 04.04.2025 WPA 7785 of 2025 Hindu Sachetan Samaj & Ors. -Vs- The State of West Bengal & Ors. Mr. Subhabrata Chowdhury Ms. Tripti Pandey Ms. Lata Patil Modak … for the Petitioner(s) Mr. Kishore Datta, ld. AG Mr. Swapan Banerjee, ld. AGP Ms. Sumita Shaw Mr. Soumen Chatterjee … for the State-respondent(s) Affidavit-of-service so filed be kept with the record. The petitioners have approached this Court as their representation was not responded to by the police authorities. The petitioners propose to organize a procession during Ram Nabami celebration on 6th April, 2025. The proposed route for the said procession and/or rally as per the representation is as follows: “Kalikapur – Sayerpara to Chitra more Bajrangbali Mandir (V Starting Point, Kumarpur Kalibari, LIC area, Bhagatsing More Police line, Court more, Rabindranagar, Chitra More, Radhanagar Road (Athelatic Club), Maa Chinnamasta Mandir Road, Maa Chinnamasta Ground and return back to the starting point.)’ Mr. Banerjee, learned Additional Government Pleader, submits a report prepared by the Inspector-in-Charge, Asansol (South) Police Station, where, the Inspector-in-charge of the said police station refused permission to conduct such procession and/or rally taking into account that other organizers have been granted permission on the same date. Be that as it may, this Court feels that since the petitioners intend to carry out the religious procession and/or rally as a part of their celebrations and have been carrying on the same in the previous three or four years, they may be allowed to conduct the religious procession/rally subject to the following conditions: (a) At any point of time, the total number of participants shall not exceed a number of about 150. In order to ensure that the number of participants is limited to 150, the petitioner shall make necessary announcements and issue leaflets, if required; (b) The organizers shall nominate 5 persons from amongst themselves who shall be held responsible for conducting the procession; (c) No vehicles shall be permitted in the said procession except for the one, which would carry the tableau and the idol of Lord Rama; (d) The participants shall not carry or brandish any arms or weapons; (e) The participants and the organizers shall not use any foul language or incite violence; (f) The participants shall not carry in the procession any stick, lathi, weapon. However, they would be allowed to carry flags and/or any other symbolic weapons which should not be of metal and would be only made of PVC; (g) The participants shall also abide by the relevant pollution norms including the sound norms. Only normal sound system should be used. No disc jockey shall be allowed in the said procession; (h) The participants in the procession shall not halt or pause at any place and would continue to gradually proceed towards their final destination.” In case there is any violation of the aforesaid conditions, the police authorities would be at liberty to cease the same. As the learned advocate for the petitioner submits that 150 participants would be participating in the said procession/rally, the names of the participants should be forwarded to the concerned Inspector-in-Charge of Asansol (South) Police Station as also the Hirapur Police Station with a Photostat copy of any Identity Card – be it, Epic Card and/or Voter Card. The said procession should commence at around 3.00 pm on 6th April, 2025 and would conclude at 6.00 pm on the same date at the designated place referred to above. With the aforesaid observations, WPA 7785 of 2025 is disposed of. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)